State v. Degraffenreid

BARDGETT, Judge.

This case is written on reassignment. In writing this opinion, substantial portions of a prior opinion, written, but not adopted by the court, are used without employing quotation marks.

Appeal from a judgment of conviction of burglary, § 560.040, V.A.M.S., and grand stealing, §§ 560.156, 560.161, V.A.M. S., and concurrent sentences of 4 years imposed upon Joseph Kern Degraffenreid following a jury trial.

The state’s evidence: While Mr. and Mrs. Hasler were away from their residence in Springfield on September 10, 1968, and at about 2:00 p. m., A. E. Gas-ton, a 78-year-old…